HomeMy WebLinkAbout09 CLAIM 08-50, SLAUGHTER 04-07-09Agenda Item
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Reviewed:
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Finance Director
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MEETING DATE: APRIL 7, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: CONSIDERATION OF CLAIM OF JOANNE SLAUGHTER, CLAIM NO. 08-50
SUMMARY:
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The Claimant reported that while entering the wheelchair ramp northbound crossing First Street at
EI Camino Real, while going up onto the sidewalk, her wheelchair struck the curb causing her
wheelchair to "flip over", resulting in injury to her right leg, and "other injuries". There was no
incident report or medical aide call recorded at the time of the alleged incident. Orange County
Fire Authority was called to the Claimant's residence on the day after the alleged incident for
medical aide.
RECOMMENDATION:
That the City Council deny Claim Number 08-50, Joanne Slaughter, and direct Staff to send
notice thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
Following investigation by the City's Claims Administrator, it appears that this is not a case of
liability as to the City of Tustin. The wheelchair ramp was inspected and determined to be in good
condition, and in compliance with ADA laws. Staff is recommending denial of the claim.
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Kristi Recchia
Director of Human Resources
ATTACHMENT: Copy of Claim No. 08-50
Slaughter, Joanne -Agenda Report - GL Claim Rejection 3.26.09
CLAIM FOR MONEY OR DAMAGES
(FILE ORIG~~)C ~~ T U ~ T I~~
TO:
City of Tustin
300 Centennial Way
Tustin, CA 92780
2r~9 P'~Y ? S P 2. 2 ~
NAME AND ADDRESS OF CLAIMANTS:
Joanne Slaughter
c/o David M. Nisson, Esq.
17291 Irvine Boulevard, Suite 311
Tustin, CA 92780-3147
EXACT DATE AND HOW INJURY OCCURRED:
REFER ANSWER TO:
David M. Nisson, Esq.
17291 Irvine Blvd., #311
Tustin, California 92780-3147
(714) 730-2171 (phone #)
June 1, 2008, at the T-intersection of First Street and El Camino Real, in the City of Tustin,
California. Claimant Joanne Slaughter, who is wheelchair bound, crossed the street at the above-
mentioned intersection and while entering the wheelchair ramp northbound crossing First Street
from the crosswalk up onto the sidewalk her wheelchair struck the curb, causing her wheelchair to
flip over.
WHERE DAMAGE OR INJURY OCCURRED:
Curb ramp in the north sidewalk of First Street at T-intersection with El Camino Real in the City of
Tustin, California.
WHAT PARTICULAR ACT OR OMISSION ON THE PART OF COUNTY OFFICERS
OR COUNTY EMPLOYEES CAUSED THE INJURY OR DAMAGE? (GIVE EXACT
DETAILS).
The City of Tustin constructed and engineered a defective disability ramp which does not comply
with the Americans with Disabilities Act.
WHAT DAMAGE OR INJURIES DO YOU CLAIM RESULTED?
Claimant suffered a fractured right leg and other injuries.
Page 1 of 2
WHAT SUM DO YOU CLAIM FOR EACH ITEM OF INJURY OR DAMAGE:
(Show basis of computation of the amount claimed, such as the date an item was purchased,
amount of medical bills, etc.)
Claimant's injuries include a broken right leg and other injuries which required six weeks'
hospitalization and stay in a nursing home. Plaintiff is not aware of her total medical specials at this
time but estimates that they will exceed $75,000.00.
NAMES AND ADDRESSES OF WITNESSES, DOCTORS, AND HOSPITALS:
1) Witness Kevin Owens,
2) Orange County Fire Department
3) UCI Medical Center
4) Orange Grove Nursing Home
I swear or affirm that the foregoing is true and correct under penalty of perjury.
Executed at Tustin, California, this 24th day of November , 2008.
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C imant Joanne Slaughter
avid M. Nisson
Attorney for Claimant
NOTICE:
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for payment to any state
board officer, or to any county, city, or district board or officer, authorized to allow or pay the
same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable
either by imprisonment in the county jail for a period of not more than one year, by a fine of
not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by
imprisonment in the state prison for a period of not more than five years, by a fine of not
exceeding ten thousand dollars ($10,000.00), or by both such imprisonment and fine."